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    Construction Expert Witness Builders Information
    Anaheim, California

    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:


    Construction Expert Witness Contractors Licensing
    Guidelines Anaheim California

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211
    http://www.desertchapter.com

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501


    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614
    http://www.biasc.org

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614
    http://www.biaoc.com

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730
    http://www.biabuild.com

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355


    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535



    Construction Expert Witness News and Information
    For Anaheim California

    Ownership is Not a Conclusive Factor for Ongoing Operations Additional Insured Coverage

    AIA Releases Decennial 2017 Updates to its Contracts Suites

    Denver Passed the Inclusionary Housing Ordinance

    No Coverage For Construction Defects Under Alabama Law

    Ohio Condo Development Case Filed in 2011 is Scheduled for Trial

    Denial of Coverage For Bodily Injury After Policy Period Does Not Violate Public Policy

    Sensors for Smarter Construction – Interview with Laura Kassovic of MbientLab

    Appellate Court Endorses Discretionary Test for Vicarious Disqualification of Law Firms Due To New Attorney’s Conflict

    U.S. Housing Starts Exceed Estimates After a Stronger December

    The Greenest U.S. Cities & States

    Federal Defend Trade Secrets Act Enacted

    What Types of “Damages Claims” Survive a Trustee’s Sale?

    Duty to Defend Affirmed in Connecticut Construction Defect Case

    Receiving a $0 Verdict and Still Being Deemed the Prevailing Party for Purposes of Attorney’s Fees

    OSHA Issues New Rules on Injury Record Keeping

    Hawaii Building Codes to Stay in State Control

    New Jersey Supreme Court Hears Arguments on Coverage Gap Dispute

    Drowning of Two Boys Constitutes One Occurrence

    General Contractor Cited for Safety Violations after Worker Fatality

    Staten Island Villa Was Home to Nabisco 'Nilla' Wafer Inventor

    Home Prices in U.S. Rose 0.3% in August From July, FHFA Says

    SunEdison Gets Shinsei Bank Funding for Japan Solar Power Plant

    Repairs Could Destroy Evidence in Construction Defect Suit

    Exponential Acceleration—Interview with Anders Hvid

    Design & Construction Case Expands Florida’s Slavin Doctrine

    President Trump Nullifies “Volks Rule” Regarding Occupational Safety and Health Administration (OSHA) Recordkeeping Requirements

    July Sees Big Drop in Home Sales

    Exception to Watercraft Exclusion Does Not Apply

    Index Demonstrates Increase in Builders’ Sentiment

    Las Vegas HOA Case Defense Attorney Alleges Misconduct by Justice Department

    Construction Spending Highest Since April 2009

    Caltrans to Speak before California Senate regarding Bay Bridge Expansion

    New Recommendations for Healthy and Safe Housing Conditions

    Ornate Las Vegas Palace Rented by Michael Jackson for Sale

    How Pennsylvania’s Supreme Court Decision Affects Coverage of Faulty Workmanship Claims

    Construction Defects Uncertain Role in Coverage in Pennsylvania

    Maryland Court Affirms Condo Association’s Right to Sue for Construction Defects

    Defining Construction Defects

    Coverage for Construction Defects Barred By Exclusion j (5)

    Construction Company Head Pleads Guilty to Insurance and Tax Fraud

    Florida Duty to Defend a Chapter 558 Right to Repair Notice

    Insurer’s Duty to Defend: When is it Triggered? When is it Not?

    Homeowners May Not Need to Pay Lien on Defective Log Cabin

    Just Because You Label It A “Trade Secret” Does Not Make It A “Trade Secret”

    Undocumented Debris at Mississippi Port Sparks Legal Battle

    Bar to Raise on Green Standard

    When Your “Private” Project Suddenly Turns into a “Public” Project. Hint: It Doesn’t Necessary Turn on Public Financing or Construction

    Supreme Court of New York Denies Motion in all but One Cause of Action in Kikirov v. 355 Realty Assoc., et al.

    Harmon Tower Demolition on Hold

    Surety Bond Now a Valid Performance Guarantee for NC Developers (guest post)
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through over four thousand construction, architectural, and engineering related expert designations, the Anaheim, California Construction Expert Directory delivers a superior construction and design expert support solution to builders and construction practice groups seeking effective resolution of construction defect, scheduling, and delay matters. BHA provides construction related trial support and expert services to the industry's leading construction attorneys, Fortune 500 builders, insurers, owners, as well as a variety of public entities. In connection with in house assets comprising construction delay claims experts, registered design professionals, professional engineers, and credentailed construction consultants, the firm brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California building expertAnaheim California construction claims expert witnessAnaheim California building code compliance expert witnessAnaheim California construction expert witness public projectsAnaheim California construction project management expert witnessesAnaheim California architecture expert witnessAnaheim California construction safety expert
    Construction Expert Witness News & Info
    Anaheim, California

    2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others

    January 24, 2018 —
    U.S. construction starts are expected to increase 3 percent to $765 billion in 2018 according to Dodge Data & Analytics in its 2018 Dodge Construction Outlook. But we may be approaching the end of a construction boom, at least in certain industry segments. The construction industry as a whole is in a “mature stage of expansion,” indicates Robert Murray, Chief Economist for Dodge Data & Analytics. “After rising 11% to 13% per year from 2012 through 2015, total construction starts advanced a more subdued 5% in 2015. An important question entering 2017 was whether the construction industry had the potential for further expansion,” explained Murray. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black, Dean, LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    The Evolution of Construction Defect Trends at West Coast Casualty Seminar

    May 03, 2018 —
    Twenty-five years ago. 1993. On January 23rd, Bill Clinton was sworn in as the 42nd President of the United States. The average cost of a gallon of gasoline was $1.16, a movie ticket cost $4.00, and the average cost of a new home was $113,200.00. 1993 also marked the first of what would be a quarter century of annual seminars hosted by West Coast Casualty Service, and provided to the combined professionals within the construction defect community. As the seminar has grown both in attendance and prominence within this community under the watchful stewardship of David and Coral Stern, much has changed both with regard to the content of the seminar and the climate within which it was presented. A quick look at the topics addressed over the past 25 years of the Construction Defect Seminar provides one with a veritable history of construction defect litigation and insurance coverage trends across the United States and beyond. While the first seminar was hosted in 1993, my first attendance didn’t occur until 1999, and the first time I was honored to be a panelist would have to wait until 2007. In the subsequent years, I’ve had the opportunity to sit on panels an additional three times, and each one I gained rare and valuable insights into the construction defect community, its willingness to challenge itself, and the amazing professionals we all have the distinct pleasure of working with every day (and whom we sometimes take too much for granted). In the mid to late 90’s, topics at the seminar included such subjects as the Montrose Chemical Corp v. Superior Court decision (Montrose) regarding a carrier’s duty to defend and the subsequent Stonewall Insurance case that examined the duty to indemnify in the context of construction defect claims. The California Calderon Act of 1997, laying out the roadmap for HOA’s filing construction defect lawsuits was also a topic of discussion and debate within the West Coast “arena.” The new millennium saw the landmark Aas v. William Lyon decision, which disallowed negligence claims for construction defects in the absence of actual resultant damage. This was followed by Presley Homes v. American States Insurance wherein the court ruled that a duty to defend applies where there is mere potential for coverage and the duty to defend applies to the entire action. Each of these bellwether decisions was addressed contemporaneously by panels at the West Coast seminar, contemporaneously bringing additional dialog to the CD community, from within the community. 2002 brought what has become the defining legislation in California regarding construction defect litigation and a builder’s right to repair. Senate Bill 800 (SB800), and its subsequent codification as Title 7, Part 2 of Division 2 of the California Civil Code, Sections 895 through 945.5 would become the defining framework for similar legislation across the United States. During the course of its drafting, movement through the legislature, and final adoption in January of 1993, many of the questions raised and debated in committees in Sacramento, had already been and were continuing to be addressed by panelists at the West Coast Seminar. How does SB800 work with Calderon? How does it affect the prior Aas decision? What now constitutes a defect, and what are timeframes established within the complex pre-litigation process? Open the pages of the 2002 – 2004 seminar invitations and you’ll see panels comprised of the finest members of the insurance law and coverage communities addressing those very questions (and more)! As the first decade of the new century drew to a close, a brief review of the WCC invitations from that period suggests a trend towards programmatic analyses of key themes selected for the seminar. In 2008, my second opportunity as a guest speaker, topics included a review of the state of construction defect litigation in a post-SB 800 environment. Panelists offered retrospective insight into the state of right to repair statutes in multiple states, while others offered a glimpse at where the industry might be headed, as similar legislation was enacted across the country. As always, pertinent court decisions bearing on construction defect, both in California, and elsewhere were given unique perspective and additional clarity by multiple panels of gifted speakers. In 2009, claims and coverage were examined from multiple unique perspectives, including that of plaintiff, the policyholder, and the insurer. Wrap policies and the gaps in due to self-insured retention obligations were examined. As we rapidly approach the end of the second decade of the 21st Century, West Coast Casualty’s Construction Defect Seminar continues to lead the construction defect community as the premier source for information and peer dialog on all matters relating to construction law, coverage, and emerging trends. In 2017, the Seminar tackled such broad subjects as the role of women in the construction industry, claims management, and risk management, challenges raised by wrap versus non-wrap litigation, and the emergent trend of apartment to condo conversions (and the attendant coverage challenges). This month, beginning on May 16th at the Disneyland Resort, in Anaheim California, America’s largest Construction Defect event kicks off its 25th Anniversary celebration. As has been every year since 1993, the seminar invitation promises insurance, legal, and industry professionals an exciting and informative array of salient and timely panel topics, as well as a stellar faculty of gifted panelists. If this year’s seminar is anything like the past 25 years, this edition of West Coast Casualty’s Construction Defect Seminar will not only be informative and educational, but also a promise for another 25 years of peerless service to the construction defect community. Read the court decision
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    Reprinted courtesy of

    United States Supreme Court Upholds Class Action Waivers in Arbitration Agreements

    May 24, 2018 —
    On May 21, 2018, the United States Supreme Court held, in a 5-4 decision, that arbitration agreements which mandate individualized resolution of claims (as opposed to class or collective resolution) are enforceable under the Federal Arbitration Act ("FAA"). In doing so, the Court rejected the argument that such "class action waivers" violate Section 7 of the National Labor Relations Act ("NLRA"), which generally protects employees' rights to act "in concert" with one another. The Court addressed a split created by decisions from three Federal Circuit Courts of Appeal: Epic Systems Corp v. Lewis (7th Circuit), Ernst & Young v. Morris (9th Circuit) and National Labor Relations Board v. Murphy Oil USA (5th Circuit). All three cases involved employees who sought to bring collective or class actions under the Fair Labor Standards Act (the "FLSA"), and their respective employers who sought to enforce pre-dispute arbitration agreements which waived such collective actions and mandated "one-on-one" arbitration of wage disputes. In support of their position, the employees argued that the class and collective action waivers were illegal because they violated the NLRA's prohibition on barring employees from engaging in "concerted activities." Reprinted courtesy of Payne & Fears LLP attorneys Amy R. Patton, Jason I. Bluver and Jeffrey K. Brown Ms. Patton may be contacted at arp@paynefears.com Mr. Bluver may be contacted at jib@paynefears.com Mr. Brown may be contacted at jkb@paynefears.com Read the court decision
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    Reprinted courtesy of

    "Ordinance or Law" Provision Mandates Coverage for Roof Repair

    May 16, 2018 —
    The Tennessee Court of Appeals found that the insured was entitled to coverage under the policy's "ordinance or law" provision for repairs to prevent a future collapse of both the damaged and undamaged portions of the building. Jefferson Cnty. Schools v. Tenn. Risk Mgmt. Trust, 2018 Tenn. app. LEXIS 138 (Tenn. Ct. App. March 15, 2018). A major rainstorm caused a portion of Building 8, an aging vocation building at a high school, to collapse. Building 8 was covered through Tennessee Risk Management up to $100,000. Excess claims were covered by Travelers Indemnity Company. The policy included an "ordinance or law" provision providing for coverage of expenses "caused by the enforcement of any ordinance or law." Further, the insurer agreed to pay for the loss to any undamaged portions of a building caused by the enforcement of any ordinance or law that required the construction or repair of buildings. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Potential Pitfalls Under the Contract Disputes Act for Federal Government Contractors

    February 28, 2018 —
    The Contract Disputes Act (CDA) governs monetary and non-monetary disputes arising out of contracts or implied-in-fact contracts between the federal government and contractors. Because the CDA is an exclusive remedy, it is important that contractors be wary of the many pitfalls that may be encountered by a contractor seeking to assert a claim against the government under the CDA. The pitfalls faced by a contractor under the CDA can arise before a contractor becomes aware of a potential claim. Pursuant to the Federal Acquisition Regulation (FAR) § 43.204(c), a contracting officer should include in any supplemental agreement, including any change order, a Contractor’s Statement of Release which requires a contractor to execute a broad release of the government from any and all liability under the contract. As a result of this FAR provision, in executing a routine change order, a contractor may inadvertently release its right to pursue a potential claim under the CDA. A contractor should always review any release language prior to executing a supplemental agreement or change order with the government. Read the court decision
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    Reprinted courtesy of Sarah K. Carpenter, Smith Currie
    Ms. Carpenter may be contacted at skcarpenter@smithcurrie.com

    Colorado Court Holds No Coverage for Breach of Contract Claim

    March 14, 2018 —
    In its recent decision in Ctr. For Excellence in Higher Ed., Inc. v. Travelers Prop. Cas. Co. of Am., 2018 U.S. Dist. LEXIS 25424 (D. Col. Feb. 16, 2018), the United States District Court for the District of Colorado had occasion to consider whether a breach of contract claim could qualify for coverage under a general liability policy. Read the court decision
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    Reprinted courtesy of Traub Lieberman Straus & Shrewsberry LLP

    The Condo Conundrum: 10 Reasons Why There's a 'For Sale' Shortage in Seattle

    December 20, 2017 —
    Seattle Washington is experiencing a shortage of in-city condos. Of the 27,000 units of new housing being built in downtown Seattle, 94 percent will be rentals. As housing prices are rising in the US’s fastest-growing large city, the median home price is $660,000. Dean Jones of the Seattle Magazine reports on why consumers consider condos, but home developers don’t in his article “The Condo Conundrum: 10 Reasons Why There's a 'For Sale' Shortage in Seattle.” Reason 1, condominiums don’t always offer high returns and can be riskier for the home developer. Reason 2, the Washington State Condo Act “overprotects” buyers of condos with over-the-top warranties that makes everyone in the industry afraid to work with condos. Reason 3, the cost of condo building is increased because of the risk of defect litigation. Reason 4, condo presale buyers are not required to deposit a percentage to invest in a new development and before closing could decide to walk away. Reason 5, there is a lot of interest in apartment buildings from investment groups. Reason 6, investors whose goal is to own “trophy” assets in rising markets can’t wait the years it takes developers to plan and construct a new multistory community. Reason 7, since rent prices have risen 50 percent on average in the last 7 years, it’s profitable to be a landlord. Reason 8, the millennials who live and work in this tech oriented region prefer to rent because of living through the rise and fall of the housing market. Reason 9, the costs is rising each year to deliver new projects. Reason 10, high-rise zoning was adopted 2 years before the recession, so just as condo development was gearing up, apartment building took over. Read the court decision
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    Reprinted courtesy of

    Construction Is Holding Back the Economy

    February 28, 2018 —
    Changes in contracts and rules could make the sector a lot more efficient. The question of whether to prioritize jobs or economic efficiency is always difficult. Nowhere is this more of a dilemma than in the construction industry. In a world of rapid technological disruption, construction is a rock of solidity to which many blue-collar workers can cling. The industry still employs about 7 million workers in the U.S. The job doesn’t change that much from decade to decade. It’s a big broad occupation, unlike social-media marketing or other new niche jobs, so it allows working-class people to minimize the time and effort they spend building for a career. And workers get trained on the job, without years of college. What’s more, construction workers are mostly male. To the degree this is a result of sexism, that’s bad. But it also means that the construction industry employs lots of men, at a time when they haven’t been doing so well in the jobs department. Read the court decision
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    Reprinted courtesy of Noah Smith, Bloomberg